Personal Data (Privacy) Ordinance Part 7 7-6 Section 39 Cap. 486 (i) has been done or engaged in, or is being done or engaged in, as the case may be, by a data user; (ii) relates to personal data; and (iii) may be a contravention of a requirement under this Ordinance, then— (i) where paragraph (a) is applicable, the Commissioner shall, subject to section 39, carry out an investigation in relation to the relevant data user to ascertain whether the act or practice specified in the complaint is a contravention of a requirement under this Ordinance; (ii) where paragraph (b) is applicable, the Commissioner may carry out an investigation in relation to the relevant data user to ascertain whether the act or practice referred to in that paragraph is a contravention of a requirement under this Ordinance. 39. Restrictions on investigations initiated by complaints (1) Notwithstanding the generality of the powers conferred on the Commissioner by this Ordinance, the Commissioner may refuse to carry out or decide to terminate an investigation initiated by a complaint if—  (Amended 18 of 2012 s. 22) (a) the complainant (or, if the complainant is a relevant person, the individual in respect of whom the complainant is such a person) has had actual knowledge of the act or practice specified in the complaint for more than 2 years immediately preceding the date on which the Commissioner received the complaint, unless the Commissioner is satisfied that in all the circumstances of the case it is proper to carry out or not to terminate, as the case may be, the investigation; (b) the complaint is made anonymously; Verified Copy Last updated date 25.4.2013